Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules 32119 

Issued in Washington, DC, on May 26, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–13592 Filed 6–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0187; Airspace 

Docket No. 09–AWP–10] 

RIN 2120–AA66 

Proposed Amendment of the Pacific 

High and Low Offshore Airspace 

Areas; California 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend the Pacific High and Low 

Offshore Airspace Areas by providing 

additional airspace in which domestic 

air traffic control procedures could be 

used to separate and manage aircraft 

operations in the currently uncontrolled 

airspace off the California coast. This 

proposed change would enhance the 

efficient utilization of that airspace 

within the National Airspace System. 

DATES: Comments must be received on 

or before July 22, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2010–0187 and 

Airspace Docket No. 09–AWP–10 at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2010–0187 and Airspace Docket No. 09– 

AWP–10) and be submitted in triplicate 

to the Docket Management Facility (see 

‘‘ADDRESSES’’ section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2010–0187 and 

Airspace Docket No. 09–AWP–10.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

‘‘ADDRESSES’’ section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Western Service Center, Operations 

Support Group, Federal Aviation 

Administration, 1601 Lind Avenue, 

SW., Renton, WA 98055. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

History 

In October, 2009, the Los Angeles Air 

Route Traffic Control Center (ARTCC) 

personnel conducted a comprehensive 

review of the offshore airspace in the 

ARTCC’s area of responsibility. The 

review revealed that many of the aircraft 

transiting in the offshore airspace are 

being diverted around pockets of 

uncontrolled airspace. In order to 

facilitate operations in the offshore 

areas, modification of the Pacific High 

and Low Offshore Airspace Areas is 

needed. Currently, International Civil 

Aviation Organization (ICAO) oceanic 

air traffic control (ATC) procedures are 

used to separate and manage aircraft 

operations that extend beyond the 

lateral boundary of the existing Pacific 

High and Low Offshore Airspace Areas. 

Modifying the Pacific Offshore Airspace 

Areas by extending the boundaries 

further south of the current location to 

the Mexico Flight Information Region 

(FIR), will allow the application of 

domestic ATC separation procedures 

over a larger area. This proposal to 

modify the offshore airspace area would 

enhance system capacity and allow for 

more efficient utilization of that 

airspace. This action does not change 

the status of any warning areas 

contained within the Pacific Offshore 

Airspace Areas or affect Department of 

Defense (DOD) operations conducted 

therein. As with all warning areas, a 

letter of agreement between the 

controlling and using agencies is 

executed to define the conditions and 

procedures under which the controlling 

agency may authorize nonparticipating 

aircraft to transit the warning area. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 to modify the Pacific 

High and Low Offshore Airspace Areas, 

by extending the present airspace 

boundaries further southeast of the 

current location to the Mexico FIR 

capturing pockets of uncontrolled 

airspace off the California coast. This 

proposed modification would allow the 

application of domestic ATC separation 

procedures in lieu of ICAO separation 

and enhance system capacity and allow 

for more efficient utilization of that 

airspace. 

Offshore airspace areas are published 

in paragraph 2003 and 6007, 

respectfully, of FAA Order 7400.9T 

signed August 27, 2009 and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The offshore airspace listed in this 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

32120 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules 

document will be published 

subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies the high and low offshore 

airspace areas off the coast of California. 

ICAO Considerations 

As part of this proposal relates to 

navigable airspace outside the United 

States, this notice is submitted in 

accordance with the ICAO International 

Standards and Recommended Practices. 

The application of International 

Standards and Recommended Practices 

by the FAA, Office of System 

Operations Airspace and AIM, Airspace 

and Rules Group, in areas outside the 

United States domestic airspace, is 

governed by the Convention on 

International Civil Aviation. 

Specifically, the FAA is governed by 

Article 12 and Annex 11, which pertain 

to the establishment of necessary air 

navigational facilities and services to 

promote the safe, orderly, and 

expeditious flow of civil air traffic. The 

purpose of Article 12 and Annex 11 is 

to ensure that civil aircraft operations 

on international air routes are 

performed under uniform conditions. 

The International Standards and 

Recommended Practices in Annex 11 

apply to airspace under the jurisdiction 

of a contracting state, derived from 

ICAO. Annex 11 provisions apply when 

air traffic services are provided and a 

contracting state accepts the 

responsibility of providing air traffic 

services over high seas or in airspace of 

undetermined sovereignty. A 

contracting state accepting this 

responsibility may apply the 

International Standards and 

Recommended Practices that are 

consistent with standards and practices 

utilized in its domestic jurisdiction. In 

accordance with Article 3 of the 

Convention, state-owned aircraft are 

exempt from the Standards and 

Recommended Practices of Annex 11. 

The United States is a contracting state 

to the Convention. Article 3(d) of the 

Convention provides that participating 

state aircraft will be operated in 

international airspace with due regard 

for the safety of civil aircraft. Since this 

action involves, in part, the designation 

of navigable airspace outside the United 

States, the Administrator is consulting 

with the Secretary of State and the 

Secretary of Defense in accordance with 

the provisions of Executive Order 

10854. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p.389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009 and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 2003 Offshore Airspace Areas. 

* * * * * 

Pacific High, CA [Amended] 

That airspace extending upward from 

18,000 feet MSL to and including FL 600 

bounded on the north by the Vancouver FIR 

boundary, on the east by a line 12 miles from 

and parallel to the U.S. shoreline, and on 

south by the Mexico FIR boundary, and on 

the west by the Oakland Oceanic CTA/FIR 

boundary, excluding active Warning Area 

airspace. 

* * * * * 

Paragraph 6007 Offshore Airspace Areas. 

* * * * * 

Pacific Low, CA [Amended] 

That airspace extending upward from 

5,500 feet MSL bounded on the north by the 

Vancouver FIR boundary, on the east by a 

line 12 miles from and parallel to the U.S. 

shoreline, and on south by the Mexico FIR 

boundary, and on the west by the Oakland 

Oceanic FIR boundary, excluding active 

Warning Area airspace. 

Issued in Washington, DC, May 26, 2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–13603 Filed 6–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0397; Airspace 

Docket No. 10–AAL–7] 

Proposed Establishment and 

Amendment of Area Navigation (RNAV) 

Routes; Alaska 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish two and modify four Area 

Navigation (RNAV) routes in Alaska. T 

and Q-routes are Air Traffic Service 

(ATS) routes, based on RNAV, for use 

by aircraft having instrument flight rules 

(IFR)-approved Global Positioning 

System (GPS)/Global Navigation 

Satellite System (GNSS) equipment, or 

Distance Measuring Equipment (DME)/ 

DME Inertial Reference Unit (IRU) 

navigation capability. The FAA is 

proposing this action to enhance safety 

and improve the efficient use of the 

navigable airspace in Alaska. 

DATES: Comments must be received on 

or before July 22, 2010. 

ADDRESSES: Send comments on the 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS